Thread by @KlasfeldReports

Good morning from New York.

Some 20 prosecution and two defense witnesses later, the evidentiary record of Trump’s historic criminal trial has closed.

Now, closing arguments are ahead.

As always, I’ll cover the proceedings live from the courtroom. 🧵

How are the arguments likely to pan out?

Throughout the trial, prosecution and defense attorneys have telegraphed their arguments based on the evidence.

@NormEisen and I hashed it out in a @Just_Security guide on what to expect. justsecurity.org/96153/trump-tr…

Prosecutors walk into the courtroom, led by Assistant DA Joshua Steinglass carrying a box of files.

Steinglass is expected to deliver summations, once the prosecution goes up.

Steinglass sits in the batter's box seat of the prosecution table, located closest to the podium.

DA Alvin Bragg enters the courtroom and sits in his usual seat in the right side of the gallery, behind the prosecution table.

Trump enters, followed by Todd Blanche and the rest of the defense team and entourage.

Blanche is widely expected to deliver defense summations, which is up first.

Prosecutors, having the burden of proof, get the last word before the case goes to the jury.

ICYMI: The entourage today includes three Trump scions.

Tiffany Trump, attending for the first time this trial, sits in the front aisle seat on the defense side.

During the daily photography session, Trump sinks into his usual pose — hunched over, hands folded together and eyes forward, before the photojournalists leave and he chats with Blanche.

"All rise."

Justice Merchan goes to the bench, and the attorneys register their appearances.

"Good morning, Mr. Trump," Merchan greets the former president.

Blanche estimates that his defense closing arguments will take around two and a half hours.

Steinglass estimates four to four-and-a-half hours.

Merchan says he'll leave it up to the jury whether to work late to wrap up summations.

"All rise."

The jury enters, and the judge explains summations to the jurors.

Merchan to jurors: "You are the finders of fact."

Merchan notes that the jurors' recollection of the evidence that controls, not what the attorneys say about that evidence.

They may request read-backs of the testimony during deliberations to refresh their recollections, the judge notes.

Merchan informs the jury that it's "not clear" whether they can finish both sets of summations by 4:30 p.m. ET.

The judge asks them to decide what they want to do.

Todd Blanche takes the podium for defense summations, pausing a bit to start the defense slideshow:

"Good morning, ladies and gentlemen. I hope that everybody had a nice long weekend."

He thanks jurors for their service. "We see you paying close attention to the evidence."

Blanche:

"When I stood here 5 weeks ago on April 22, I said something to you that I'm going to repeat to you right now [...] it's that President Trump is innocent."

"The District Attorney has not met its burden of proof, period."

Blanche:

"You should want and expect more than the testimony of Michael Cohen."

Blanche:

"You should demand more than the testimony of Keith Davidson, an attorney who was really just trying to extort money from President Trump during the lead-up of the 2016 election."

Blanche:

"This case is about documents. It's a paper case."

It's not about an alleged encounter with Stormy Daniels, which Trump has "unequivocally and repeatedly denied."

Blanche says the case is about the records:

"Were those bookings done with an intent to defraud? That's why you're here."

"The bookings were accurate and there was absolutely not an intent to defraud."

Blanche:

"You cannot convict President Trump of any crime beyond a reasonable doubt based on the word of Michael Cohen."

There were "key conversations" between Cohen and Keith Schiller and Allen Weisselberg, who weren't called.

Blanche on Cohen:

"He told you a number of things on that witness stand that were lies, pure and simple."

Blanche notes that jurors must find, among other things, that the 34 documents were false entries and there was no intent to defraud.

"The records were not false, and there was no intent to defraud," he says.

He displays a graphic of the invoices, vouchers and checks on the monitors. The jurors look at the graphic and then at Blanche.

On the graphic, Blanche notes that Cohen generated the invoices and the Trump Organization generated the other categories of records at issue.

Blanche anticipates the prosecution's argument that it was the "general practice" of the Trump Organization's Deb Tarasoff to staple the invoices to the checks.

But general practice isn't proof beyond a reasonable doubt, Blanche says.

Blanche argues that it's not false that the checks to Michael Cohen were "for services rendered" — because Cohen was Trump's personal attorney and provided legal services to him.

On May 22, 2017, Cohen sent Weisselberg an invoice that ended with a note for him to "please call me to discuss the last open foundation matter."

That shows Cohen did legal work for Trump, Blanche argues.

Blanche says Cohen "lied to you," referring to the jury, by characterizing his legal work for Trump as "minimal."

"He - lied - to - you," Blanche emphasizes, with brief pauses and enunciation a second time.

Blanche:

Cohen "rolled right into Sean Hannity" and spoke to every person he could to boast about his position, which was on his email signature line.

"This was not a secret. Michael Cohen was President Trump's personal attorney, period."

Blanche:

"A lie is a lie, and this is a significant lie."

Blanche:

"As you know, the fact that there was a verbal retainer agreement between Mr. Cohen and President Trump was consistent" with the practice with Keith Davidson.

He shows Davidson's testimony on the matter.

Two prosecution objections overruled during this passage.

Blanche asks jurors which version of Cohen's story makes sense:

That Cohen and Trump verbally agreed on a $35,000 / month retainer, or that Cohen worked for free, while being paid back nearly "triple" for expenses.

Blanche:

"There's a reason why, in life, the simplest answer is usually the right one.

Blanche:

"There is no evidence" that Trump knew anything about the voucher system.

Blanche:

If prosecutors show passages from Trump's decades-old, partially ghostwritten books — in order to show Trump knew about this system — that's a "red flag" and a "problem in the proof"

Blanche shows jurors an email of Trump Org payroll employee Deb Tarasoff following Jeff McConney's instructions on the vouchers, not Trump's.

Blanche says that the vouchers were properly marked as legal expenses, but prosecutors have "criminalized that."

"That's absurd. It's not a crime."

The lawyer notes that "legal expenses" was a field from a "drop-down menu."

Many of the jurors inspect the exhibits that are part of the defense slideshow that flash on their screens during this presentation.

Blanche shows an email from Weisselberg to McConney on Feb. 24, 2017:

"Ok to pay as per agreement with Don and Eric," referring to Trump's kids.

If there were a cover-up, Blanche says, "This email does not exist."

Blanche:

"Why do Don and Eric have to approve anything?"

He raises more missing witness arguments, pointing out that prosecutors did not call Don and Eric.

"Is there some allegation that they're a part of this scheme, a part of this conspiracy?"

Analysis:

The defense was expected to lean on missing witness arguments during summations, primarily pointing out that the now-incarcerated Allen Weisselberg wasn't called.

But Blanche's missing witness list is far broader: Weisselberg, Schiller, Howard, Don and Eric so far.

Blanche notes that prosecutors have the burden of proof.

Blanche on the notion that Trump had full knowledge and intent to defraud because he saw the allegedly falsified documents:

"That is a stretch, and that is reasonable doubt, ladies and gentlemen."

Blanche reiterates defense that Trump was too busy to act with knowledge and intent:

"He was very busy. He was frequently multitasking [...] He was president of the United States."

Blanche:

"Now, we are going to talk for a few minutes now on Michael Cohen." [...]

"Even without Mr. Cohen, the government can't get by the fact that the invoices weren't generated by anyone at the Trump Organization; they were generated by Michael Cohen."

Blanche:

"All of that ends the case: Not guilty, but there is a lot more. What the People have done. What the government did for the last five weeks, at the end of the day, is ask you to believe the man who testified [a short time ago]: Michael Cohen."

Blanche on Cohen's testimony that he didn't get a salary as Trump's personal attorney after being incensed by his slashed bonus the prior year:

"Do you think that Mr. Cohen thought, 'I want to work for free'? Is that the man who testified?"

Blanche shows jurors a slide stating the defense's view: "Case Turns on Cohen," set against a passage of his testimony about his conversation with Weisselberg about he system of reimbursements.

Blanche mocks Cohen's testimony that his expenses were grossed up for taxes, by supposing his client saying of them: "Not only am I going to pay it. Let's double it."

"That is absurd!" Blanche exclaims, noting all the testimony about his client watching all expenses.

Blanche calls it a "lie" that Cohen's expenses were grossed up.

Blanche cuts to Cohen's testimony when asked about the grossing up system:

"I didn't know. And to be honest, I didn't really even think about it."

Cohen said he just wanted to get paid back.

Blanche says prosecutors presented "no evidence" of the alleged tax scheme.

Cohen visited the White House on Feb. 8, 2017, when he said the agreement took place.

On Feb. 14, 2017, Cohen asked McConney in an email: "Please remind me of the monthly amount?"

Blanche derides the notion that there was a "confirmatory" meeting on the scheme days earlier.

Blanche takes on the "intent to defraud" prong of the prosecution's burden, which he describes as a "conscious objective" or a "purpose" to defraud.

"There's nothing false or misleading about the 1099s," Blanche says of the tax documents.

Blanche on the 1099s to Michael Cohen:

"These forms are in evidence, so you don't have to take my word for it."

"The payments were compensation to him, period. Nothing false."

They show Trump disclosed the payments to the IRS.

After the defense fought the admission of this Trump tweet, Blanche makes lemonade out of the evidentiary lemon during summations.

"If there was an intent to defraud, why did he do that?" Blanche says, referring to tweeting about Cohen's payment.

Blanche turns to the New York election law theory of the case:

"Every campaign in this country is a conspiracy to promote a candidate."

Prosecutors need to prove "unlawful means."

Blanche on the actions of the National Enquirer's corporate parent, AMI:

"This is the same thing that AMI had been doing for decades."

The slide flashed to the jury: "AMI: Standard Operating Procedure."

"This isn't surprising," Blanche says. "Campaigns want to emphasizing the good things about their candidate and expose the bad things about their opponents."

Pecker testified that he tried to suppress allegations about Arnold Schwartzenegger by women during the former California governor's campaign.

Though it sparked an investigation, Blanche notes, no charges were brought.

Blanche says that's why Mr. Pecker thought what he was doing with Trump and Cohen was "perfectly legal."

Prosecution: Objection.
Judge: Sustained.

(Pecker testified that AMI admitted to a campaign violation.)

Blanche says the arrangement was "good business for AMI."

"They made a lot of money on relationships," he says.

Trump was the "top celebrity" that helped sell magazines, and Pecker wanted to make money for himself and shareholders, per his fiduciary duty, Blanche says.

Blanche:

The idea that AMI's actions could have influenced the 2016 election is "preposterous."

The National Enquirer's circulation was around 350,000, Pecker testified.

Current defense slide: "No Election 'Influence.'"

Blanche says that the notion that the National Enquirer could criminally influence an election by republishing negative stories about other candidates "should hopefully make you shake your head."

"It makes no sense," Blanche says.

Blanche turns to "catch-and-kill" scheme, claiming that the subject wasn't broached during the 2015 Trump Tower meeting.

Pecker testified he said he'd be the Trump campaign's "eyes and ears" on the lookout for "women selling stories."

Blanche notes that Pecker testified that AMI published about half of the stories that the company bought.

"When he tells you that the National Enquirer" only publishes about half the stories that they buy, "that's meaningful. That matters."

Blanche turns to Dino Sajudin's story that Trump fathered a child out of wedlock. He notes that the story wasn't true and designed to damage Trump.

For AMI, Blanche says: "This isn't a catch-and-kill. This was an opportunity."

Blanche says that Pecker testified that he would have published Sajudin's story if it were verified, and AMI only didn't publish it because it was "false."

"That's the evidence. That's what you heard."

(Note: Pecker testified that Trump thanked him for suppressing the story.)

Blanche on McDougal:

"This was not a catch-and-kill, either."

McDougal wanted to restart her career, not to tell her story, he says.

Blanche:

"To be clear, it was not Ms. McDougal's intention to publish her story." [...]

"The reason why this matters [...] there was never any risk that her allegations would influence the election because she didn't want the allegations published."

Blanche plays down the non-prosecution agreement AMI reached with federal prosecutors:

"You know that Mr. Pecker is not being prosecuted for anything."

He says that "none of it was criminal."

Blanche recites Merchan's instructions that the non-prosecution agreement (NPA) is not evidence of Trump's guilt, and the jury cannot consider it in determining his guilt.

Blanche says Cohen "lied to you" about a conversation he claims to have overheard between Pecker and Trump.

Pecker testified that Trump said he doesn't buy stories.

Cohen testified that Trump said: "No problem. I will take care of it."

Blanche turns to Cohen's alleged lunch with David Pecker.

"Ladies and gentlemen, that lunch did not happen. Mr. Cohen made it up."

That was the lunch where Cohen testified that Pecker was angry about not getting his money back.

Blanche turns to Cohen's recorded conversation with Trump about the payoff to McDougal, highlighting a female voice.

That's Rhona Graff, who was a prosecution witness.

She wasn't asked about it, Blanche notes.

Blanche:

"There's a word that the government claims Mr. Tr— President Trump said, 'One-fifty.'"

He disputes that the "One-fifty," the amount paid to McDougal, was said, and though it appears in the transcript, the jury decides whether they hear it in the recording.

Blanche takes on Trump's "pay with cash" line, saying it refers to financing, not a duffel bag filled with bills:

"That was just Mr. Cohen trying to paint the picture that fits his narrative" that something "sinister" happened, Blanche says.

Blanche calls Cohen's explanation that he interrupted the recording to pick up a phone call from a bank employee "ridiculous."

Then, pointing to the phone records, Blanche says that call to Cohen went to voicemail.

Blanche:

"He lied to you when he said he answered that call."

Analysis:

This is the second time that Blanche used extrinsic evidence to undermine Cohen's account of an alleged conversation with Trump.

The first, to great fanfare, was Blanche confronting Cohen about the 14-year-old prankster spurring the call to Keith Schiller.

Next defense slide about Stormy Daniels: "The Story Was Already Public."

Blanche notes that it originally ran on a blog called The Dirty in 2011.

In mid-2016, the Daniels story "didn't raise any alarm bells" for the Enquirer's then-editor in chief Dylan Howard, Blanche says.

(Context: That was before the release of the Access Hollywood tape gave the story renewed mileage, according to witness testimony.)

Blanche plays this tape of Keith Davidson apparently telling Cohen about pressure from Daniels' manager to settle, before saying:

"What you just heard was Stormy Daniels just talking about making sure she got paid."

Prosecution: Objection.
Judge: Sustained.

Morning recess

The basis of the objection wasn't publicly stated, but Blanche attributed the pressure to Daniels to the jury.

In the transcript, Davidson attributed that pressure to the "boyfriend" of Daniels' manager Gina Rodriguez.

Back in 10 minutes.

DA Bragg reenters the courtroom from the side entrance, a route that has him pass a row of Trump family members as he returns to his seat.

Justice Merchan advises the parties that the jury agreed to work late.

Blanche resumes his summation by turning to Daniels' statements denying an alleged affair with Trump.

"The government wants you to believe that those statements were coerced, that Ms. Daniels was forced to sign them" or didn't have a say about signing them.

Blanche:

"The evidence makes clear that Ms. Daniels lied to you about it."

Blanche plays this Cohen-Davidson tape to suggest Daniels had "settler's remorse" for not taking Larry Flynt's deal:

"At the end of the day, what really happened is that somebody offered more money" to Daniels.

It "started out as an extortion"; there's "no doubt" about that, he says.

Blanche on then-Enquirer EIC Dylan Howard:

"Mr. Howard had nothing to do with this conspiracy."

Howard didn't want Trump to succeed or be elected, he said.

(Context: The jury doesn't know that Howard wrote in a text message about Trump pardoning him for "electoral fraud.")

Howard didn't testify, and so his text message couldn't meet the evidentiary standards to come in as evidence.

So far as the jury knows, it doesn't — and cannot — exist for their consideration.

Blanche on the release of the Access Hollywood tape:

"Nobody — and I'm just going to state the obvious — nobody wants their family to be subjected to that sort of thing."

Blanche:

"The Access Hollywood tape is being set up in this trial to be something that it is not." [...]

"It was not a Doomsday event. President Trump, as you saw, addressed it in a video [...] He addressed it in a debate."

Blanche on Stormy Daniels:

"Why did they call her as a witness at this trial? There was no dispute that there was an NDA signed."

"I'll tell you why. They did it to try to inflame your emotions. They did it to try to embarrass President Trump."

Prosecutors object. Overruled.

Blanche plays a tape of Cohen telling Davidson in October 2017: "I wasn't gonna play, penny wise pound foolish."

This, he says, is evidence Cohen paid the $130,000 without Trump's knowledge to profit later during his presidency.

Blanche says Cohen "lied" about Robert Costello:

"You know that there was an attorney-client relationship between Bob Costello and Michael Cohen."

Blanche:

There's "no dispute" that Trump "never signed the agreement" with Stormy Daniels.

"If that's the case, how could it ever be enforced?"

(Cohen testified he initialed it on Trump's behalf via his shell company Essential Consultants.)

Blanche:

"So what did they do? The government knows that. The government knows who they're calling."

To "prop up" Cohen's testimony, prosecutors showed Cohen's call records.

"We all know how that ended," Blanche says, apparently pivoting to the 14-year-old prankster issue.

Blanche points to the witness stand as he recounts Cohen's testimony about Trump's bodyguard Keith Schiler:

"That was his sworn testimony," Blanche says, gesturing to the witness says before raising his voice and making a chopping motion for the next words.

"IT WAS A LIE."

Blanche scoffs at the prosecutors pointing out the "unremarkable fact" that Trump's bodyguard was next to him at the time.

"No kidding. Thanks."

Pointing out that Cohen swore to tell the truth, Blanche says: "The oath matters, to most. He lied."

After Blanche said that prosecutors called Cohen to lie to the jury, prosecutors objected. That one was sustained.

Another objection later drew a sidebar.

Blanche says that Cohen testified he called Trump after Melania Trump texted him to call "DT" — but the phone logs show no call.

Blanche on Cohen:

"He's literally like an MVP of liars."

Blanche:

"In fact, he's also a thief." [...]

"He admitted to committing a felony on the stand. Never prosecuted."

(Note: Trump's defense also claims the falsely claimed reimbursement behind this theft was also Cohen's legitimate salary.)

Blanche plays Cohen's "Mea Culpa" podcast episode gloating about Trump's indictment and says later:

"Mr. Cohen, by the way, is making millions of dollars off his hatred of Donald Trump."

Blanche says the invoices were "accurate" and there's no evidence of any intent to defraud.

That Trump "sometimes" looked at the records doesn't amount to proof beyond a reasonable doubt, Blanche says.

Blanche says there was no illegal agreement to influence the 2016 election, taking on prosecution theories of the case.

For the first two, FECA, the federal election law, requires a "willful" violation, and Cohen said he didn't understand the "grossing up," Blanche says.

Blanche:

"Another reason there's reasonable doubt. AMI would have run Mr. Sajudin's story no matter what. That's not catch-and-kill."

He says the same is true with McDougal, and as for Daniels, "the story was already public."

Blanche says the "ninth" reason for reasonable doubt is "Manipulation of Evidence."

Per the defense:

One is the lack of a response call from Melania Trump's text.

There are the "omitted" texts with Schiller, and defense floats a theory based on a custodial witness.

That witness, David Daus, spoke of a factory reset on Cohen's phone and a sync of devices. Blanche is using this now to suggest the recorded call with Trump was manipulated.

Daus also said this:

Last slide: "#10: Cohen Is The Embodiment of Reasonable Doubt."

"He is the human embodiment of reasonable doubt," Blanche says. "Literally."

Playing off the slang GOAT, Blanche says: “Michael Cohen is the GLOAT.”

“He literally is the Greatest Liar of All Time.”

Blanche's last line:

"This is a very quick and easy not-guilty verdict. Thank you."

Lunch recess.

After the jury leaves, Assistant DA Joshua Steinglass requests a curative instruction for Todd Blanche saying that prosecutors want to put Trump in prison.

"There's no requirement of prison," Steinglass notes, calling it a "blatant" attempt to draw sympathy for their client.

Jurors are not supposed to consider potential punishment in deciding innocence or guilt.

Justice Merchan calls Blanche's prison comment "outrageous," saying he can't imagine him saying that accidentally.

"You know that making a comment like that is highly inappropriate. It's simply not allowed."

He grants the curative instruction.

The judge will deliver the instruction after the lunch recess.